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,. <br /> different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, <br /> the Architect shall so notify the Owner and Contractor in writing,stating the reasons.Claims by either party in <br /> opposition to such determination must be made within 21 days after[he Architect has given notice of the decision.If <br /> the conditions encountered are materially different,the Contract Sum and Contract Time shall be equitably adjusted, <br /> but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,the <br /> adjustment shall be referred to the Architect for initial determination,subject to further proceedings pursuant to <br /> Section 4.4. <br /> §4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, <br /> written notice as provided herein shall be given before proceeding to execute the Work.Prior notice is not required <br /> for Claims relating to an emergency endangering life or property arising under Section 10.6. <br /> §4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to(1) a written <br /> interpretation from the Architect, (2)an order by the Owner to stop the Work where the Contractor was not at fault, <br /> (3)a written order for a minor change in the Work issued by the Architect, (4)failure of payment by the Owner, (5) <br /> termination of the Contract by the Owner,(6)Owner's suspension or(7)other reasonable grounds,Claim shall be <br /> filed in accordance with this Section 4.3. <br /> §4.3.7 Claims for Additional Time <br /> §4.3.7.1 If[he Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided <br /> herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on <br /> progress of the Work.In the case of a continuing delay only one Claim is necessary. <br /> §4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented <br /> by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably <br /> anticipated and had an adverse effect on the scheduled construction. <br /> §4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or <br /> property because of an act or omission of the other party,or of others for whose acts such party is legally <br /> responsible,written notice of such injury or damage,whether or not insured,shall be given to the other party within <br /> a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other <br /> party to investigate the matter. <br /> §4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally <br /> contemplated are materially changed in a proposed Change Order or Construction Change Directive so that <br /> application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or <br /> Contractor,the applicable unit prices shall be equitably adjusted. <br /> §4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for <br /> consequential damages arising out of or relating to this Contract.This mutual waiver includes: <br /> .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, <br /> business and reputation, and for loss of management or employee productivity or of the services of <br /> such persons;and <br /> .2 damages incurred by the Contractor for principal office expenses including the compensation of <br /> personnel stationed there,for losses of financing,business and reputation,and for loss of profit <br /> except anticipated profit arising directly from the Work. <br /> This mutual waiver is applicable, without limitation,to all consequential damages due to either party's termination ' <br /> in accordance with Article 14.Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of ' <br /> liquidated direct damages,when applicable,in accordance with the requirements of the Contract Documents. i <br /> §4.4 RESOLUTION OF CLAIMS AND DISPUTES I <br /> §4.4.1 Decision of Architect. Claims,including those alleging an error or omission by the Architect but excluding <br /> those arising under Sections 10.3 through 10.5,shall be refened initially to the Architect for decision. An initial <br /> decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all <br /> Claims between the Contractor and Owner arising prior to the date final payment is due,unless 30 days have passed <br /> AIA Document A201^�—1997.Copyright OO 191 1,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American <br /> Institute of Architects. All rights reserved. WARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties. 20 <br /> Unauthorized reproduction or distribution of this AIA� Dacument,or any portion of it,may result in severe civil and criminal penalties,and will be <br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:16:56 on 03/13/2007 under Order <br /> No.UNLICENSED which expires on 11/18/2007,and is not for resale. <br /> User Notes: (2584627897) <br />